The Impact Of Victim’s Fault In Intention Homicide Crime On Sentencing

Based on the high trigger rate of victim’s fault in intentional homicide crimes, the paper chooses the problem of victim’s fault within the intentional homicide crimes as the research object, and analyses its influence and significance towards criminal sentencing.The definition of the related concepts of victim’s fault in the intentional homicide crimes is the basis of this article’s research. By compared the related concepts of victim’s fault both in criminal jurisprudence and criminology, learned from other scholars and combined the characteristics of intentional homicide crime, the victim of intentional homicide crime of this paper was limited to the natural person who has been injured by intentional homicide behavior directly.This paper suggests that victim’s fault in intentional homicide crime should refer to illegal actions that implemented by victim intentionally or negligently, or actions that unethical, improper and against the social norm which has recognized by pubic, having a real impact on criminal responsibility. The paper also argues that victim’s fault in intention homicide possess the characteristic of interactivity, its conviction should provide with three standardized requirements, i.e. subjectivity, relevancy and degree.As considered the victim’s fault in intention homicide crime, this paper analyzes its current legislative status, the current status of judicial practice field’s attitude towards it, and the current situation of scholar’s study of its impact on sentencing, finds out the existing problems and related reasons. I think the existing problems in the legislation could be show as following aspects: the judging standards of victim’s fault haven’t been set up, the stipulation of obvious fault could be more detailing; stipulation’s range of application should not confine to civil disputes, it should broaden its rage of application. Judicial office has often missed victim’s fault to different degree in judicial practice, however, the defender has overused victim’s fault. Both the deficiencies of victim’s fault and the nonstandard elements existing in judicial act caused this result. The research of the impact of victim’s fault in intention homicide crime on sentencing is divided into two parts: first, it analyzed its impacts on crime motive, causal relationship and the consequences of commit a crime; second, it argued the impact of victim’s fault on sentencing from different types and degrees. Therefore, this paper’s research is focus on two aspects, the first one is clear out the theory basis that the impact of victim’s fault in intention homicide crime on sentencing, the second one is the judicial application on regulate the circumstances of victim’s fault in intention homicide crime.Among the research of the theory basis that the impact of victim’s fault on sentencing, this paper borrowed the most representative theory of shared function and culpability mitigated, and based on the perspective of three-classes’ crime constitution theory, this paper proposes to explain the affecting basis from the perspective of the principle of personal responsibility, and discuss the impact of the circumstance of victim’s fault in intention homicide crime on sentencing in ought to be level. Through combing the related theories of personal responsibility, this article argues that the impact of the circumstance of victim’s fault in intention homicide crime on sentencing in fact is the impact of liability elements. Grounded on the theory of comprehension of penalty teleology, the paper analyses the influence mechanism from the influence of responsible punishment and prevention punishment. From the perspective of personal responsibility, the article presents that the circumstance of victim’s fault in intention homicide crime that correspond to liability elements needed to be thinning and typing, and standardized its judicial application as discretionary circumstances of sentencing.